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Legal Updates

Posts from August 2015.

Covered in this post: 

  • New Jersey Supreme Court Holds Doctrine of Res Judicata Bars Plaintiff's Subsequent Claim for Bad Faith
  • Supreme Court Finds No Bad Faith When Relying Upon Unpublished Appellate Division Decision and Plain Reading of Policy Language
  • Federal Court Remands Insurance ...

Covered in this post:

  • District Court Denies Motion to Dismiss Insurer's Declaratory Judgment Action
  • Bad Faith Component of Suit Severed from Underlying Coverage Dispute
  • Court of Appeals Declines to Interpret Exception to Exclusion as Providing Coverage Under Homeowner's Policy for Loss ...

Covered in this post: 

  • Court Grants Summary Judgment in Favor of Insurer Based on Policyholder's Unexcused Delay in Providing Notice
  • New York Trial Court Finds Coverage But Denies Bids for Attorney's Fees and Finding of Insurer Bad Faith
  • District Court Finds No Bad Faith Where Question of ...

Covered in this post:

  • Appellate Division Finds Two of Four Named Insured Endorsements Obviate Coverage
  • Appellate Division Finds No Coverage under Fungus Exclusions
  • Appellate Division Remands to Allow Participation of Necessary Party in Subrogation Dispute

As arbitration provisions are the mainstay of many of our construction contracts, I want to share with you the Revised Construction Industry Arbitration and Mediation Procedures released by the American Arbitration Association. The revised Rules took effect on July 1, 2015. The complete ...

On July 22, 2015, OSHA changed its interpretation of what qualifies as a “retail facility” under OSHA’s Process Safety Management (PSM) standard retail exemption. OSHA estimates the reinterpretation of the exemption could potentially cover an estimated 5,000 additional ...

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